Litigator Copyrights His Court Filings - 12/2001

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Copyright © 2001
Stanford Law School

2001 News and Press Releases

Current News News 2001


HEADLINE "OR" SETTLEMENT ARCHIVED:

Litigator Copyrights His Court Filings

The Intellectual Property Strategist. December 2001

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Excerpt: Reportedly "sick and tired of having his hard work ripped off by copycat lawyers," William S. Lerach, one of the nation's best-known plaintiffs' securities class action counsel, has taken a novel step: He's begun placing a copyright notice on his court filings and registering the notice with the U.S. Copyright Office. Mr. Lerach began the practice this fall with a brief he filed in federal court in the Northern District of California in a case against Intel Corporation. His copyright notice reads, "This writing/publication is a creative work fully protected by all applicable copyright laws, as well as by misappropriation, trade secret, unfair competition, and other applicable laws." Additionally, the notice claims that the "authors of this work" have added value "to the underlying factual materials" through such means as "unique and original selection, coordination, expression, arrangement, and classification of the information." So far, the notices appear only on Mr. Lerach's filings and have not yet been adopted throughout his firm, Milberg Weiss Bershad Hynes & Lerach of San Diego and New York. To date, he says he's placed notices on filings in "about five different cases." Mr. Lerach is using the notice "selectively" for cases that "we feel truly reflect substantive creative work and significant investigatory investment," he says. Corporate Officers & Directors Liability Litigation Reporter: Special Coverage: Third Circuit Task Force Report

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